Recent Blog Posts
The Problem of Hidden Assets in Divorce
It is certainly not uncommon for divorcing spouses to fight over money. In many situations, finances are the only issue that keeps the divorce process ongoing—often for many months or even years. A large number of such cases include high-net-worth couples with significant assets and business interests, which can be very complicated to divide fairly. Other cases, however, involve one spouse hiding or obfuscating assets so that he or she will not lose them during the divorce.
Manipulating the System
Illinois law requires each spouse to make a full financial disclosure during the divorce process so that all marital property can be divided equitably. Too often, one spouse will attempt to leave certain assets or revenue streams out of his or her disclosure so that they will be “safe” from division during the divorce. This type of behavior defies the intent of the law regarding equitable distribution and is taken very seriously by the courts.
Your Rights to Receive or Refuse Death-Delaying Procedures
As you look forward to the future, you will need to make some important decisions about the disposition of your property and the care of your dependents. These are the considerations that most people think of when they hear the term “estate planning.” Estate planning, however, also gives you the ability to make advance decisions for your own medical care and treatment so that in the event that you are disabled or otherwise incapacitated, there will be no doubt regarding your wishes.
Your Living Will
A living will is one example of an estate planning document that can be used to formally record your desires regarding the medical care you wish to receive—or not receive—in specific situations. It is a type of advance medical directive that can be used to give instructions to your medical providers as well as to any person you have appointed to make medical decisions on your behalf, such as a power of attorney.
Racing to the Courthouse: Does Filing for Divorce First Matter?
In most types of court proceedings, there is a clear delineation between the plaintiff and the defendant. The plaintiff—sometimes called the claimant—is the party that has decided to take some sort of legal action against the defendant. In a personal injury case, for example, the plaintiff may have filed a lawsuit to recover financial compensation for injuries that he or she believes were caused by the defendant. Likewise, the plaintiff in criminal proceeding—the state—is seeking a judgment of guilt and criminal penalties against a defendant believed to have committed a crime. Technically, a divorce is no different: the spouse that files the divorce petition is considered the plaintiff, making the other spouse the defendant. But, does it really matter which spouse is which?
Different Terminology
The Illinois Marriage and Dissolution of Marriage Act (IMDMA) is a comprehensive compilation of statutes that govern the divorce process in Illinois. The IMDMA generally avoids the use of the terms “plaintiff” and “defendant,” instead using the more neutral “petitioner” and “respondent” in most cases. This highlights the concept that divorce does not need to a highly contentious battle in which there are clear winners and losers.
New Law Gives Beauty Workers Tools to Fight Domestic Violence
We have all seen the tropes in movies and on television of regular clients at a beauty salon or barbershop. They come in for their cut, color, or style, and carry on a very familiar conversation with their stylist or barber. Unlike other media depictions, this type of scenario is extremely common in the real world. Many people—and especially women—come to view their regular hairdresser as a trusted friend and confidant. Thanks to a new law in Illinois, that trust will soon take a drastic step forward as licensed beauty workers have been tapped to join the battle against domestic violence.
Measure Amends Current Licensing Laws
Last summer, Illinois Governor Bruce Rauner signed a bill that requires licensed beauty workers—including hairdressers, braiders, barbers, cosmetologists, nail technicians, and others—to participate in domestic violence awareness training as a part of their licensing requirements. Initial training will be required for workers looking to obtain a license for the first time. For those who are currently licensed beauticians, an additional hour of ongoing domestic violence education will be added to the requirements for renewal every two years.
A Simple Clause Can Protect Your Heirs’ Eligibility for Assistance Programs
If you have ever helped a loved one apply for government assistance programs, you probably know that many such programs have qualification requirements that include income and asset limits. While such restrictions were originally put in place to reserve the benefits of such programs for those with the greatest need, they are also the source of intended consequences for many unsuspecting individuals. This is frequently the case when a person who relies on Medicaid, Social Security, or other government programs is named as a beneficiary in another’s will or estate plan. A sudden increase influx of assets or property, as often happens with an inheritance can affect the heir’s eligibility for the assistance on which he or she depends.
Government Assistance Programs
Many governmental assistance programs have been in existence for decades, with a number of them tracing their roots to the Great Depression recovery measures of the “New Deal” of the 1930s. Of course, such programs are often the subject of controversy as lawmakers debate the programs’ future and how they are to be funded. Few, however, debate their usefulness for individuals truly in need of financial assistance and medical care.
The Importance of Following a Parenting Plan
When you share parenting responsibilities for your child with your former partner, things are not always going to be easy. You will almost certainly experience disagreements with the other parent over a variety of concerns including the child’s activities, your relationship with the child, and your ability to properly exercise your parenting time. Regardless of the difficulties, however, it is very important for you to continue following any orders entered by the court so that you do not put your parental rights in jeopardy.
Components of a Parenting Plan
Following a divorce or breakup of unmarried parents, arrangements must be made for the couple’s child or children. To facilitate the process, the law requires the parents to submit a proposed plan regarding each parent’s responsibilities for the child. Each parent may submit a separate proposal or they may develop one together. A parenting plan must contain a number of other elements, but the most important considerations include the allocation of significant decision-making responsibilities and a parenting time schedule. Once a parenting plan has been approved by the court and entered as an order, both parents must abide by its terms.
Changes Coming to Illinois Child Support Law
If you are parent facing a divorce—or breakup if you are not married—you probably understand that a child support order may be in your future. In most separated parent situations, one parent is required to make payments to the other parent to assist with the costs of raising their child. Usually, the parent with fewer responsibilities and less parenting time is the one who must provide the support, but the law allows a court to order support payments from either or both parents as appropriate.
Currently in Illinois, child support calculations are based on two primary factors: the net income of the supporting parent and the number of children that require support. Other considerations may be taken into account, but generally have less impact on the final order.
Need for Change
This model of calculating child support payments has come under fire in recent years by those who claim that it does not accurately reflect a family’s financial situation. By looking only at one parent’s income, the existing law may create a situation that is inequitable to one spouse. Additionally, there is no current mechanism to account for shared parenting time. A parent who shares parenting time equally with the other parent does not currently receive any additional consideration for the expenses he or she incurs during his or her time with the children.
Periodically Review and Update Your Estate Plan
Do you have a written plan for what will happen to your assets and debts upon your death? Is there a documented contingency plan in place for your children in the event that something happens to you? If the answer is yes to either or both of these questions, you have made excellent decisions in being prepared for the unexpected. If the answer is no, it is time to start looking ahead. For those that do have an estate plan in place, it is very important to revisit it from time to time, checking to make sure that the terms of your plan continue to be applicable to your current state of affairs. Estate planning is not a “one-and-done” type of affair; it is an ongoing process that you must continue to address to a certain extent for the rest of your life.
More Assets and Wealth
Assuming that you are still of working age, you will likely continue to accumulate wealth each year. You may set additional savings aside for retirement, or you may invest what you are earning in the hopes of a substantial return. As your wealth and net worth grows, you may wish to amend your estate plan to properly account for your added assets. There may be new tools or tax advantages available to you now with your additional wealth that were not available at the time your estate plan was created.
Three Reasons to Consider Adoption in 2017
Adopting a child can be one of the most rewarding decisions an individual or couple can make. A person or couple who chooses to adopt is giving a family to a child who may not have otherwise had one. Almost certainly, they will change that child’s life for the better. Whether you cannot have biological children due to a fertility issue or you are a same-sex couple wanting to start your own family, adoption is a choice that may allow you to fulfill your dreams of parenthood.
Some individuals choose to adopt a child on their own without a partner. You may have lost a partner or spouse, or maybe you just never met the right person. Through adoption, you can still have a child of your own. Others have no pressing need to adopt but decide to do so for personal reasons. Whatever your motivation for adopting, you are sure to make a difference in a child’s life.
As we get ready to begin 2017, many are preparing New Year’s resolutions. If you have been thinking about adoption, this could be the year you finally make it happen. Adoption may be the right avenue for you to grow your family because:
Undue Influence Can Invalidate Estate Planning Documents
In the weeks and months following the death of a loved one, you are likely to experience a wide range of emotions. Grief and sadness, of course, are often the most common, but you may also feel twinges of anger, guilt, and regret over missed opportunities. If your loved one was very sick or in pain, there may even be a sense of relief. All of these feelings are a normal part of dealing with a significant loss and are to be expected.
If your loved one had a will or another type of estate planning document, the emotional rollercoaster may resume when it comes time to execute the will. Many of the same feelings may come flooding back, possibly accompanied by a great deal of surprise if the will contains unexpected terms and provisions or is not the same document you discussed with your loved one prior to his or her death. When such surprises occur, it is worth trying to find out if the will was the product of undue influence and whether contesting the will is appropriate.
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